US Spousal CR1 Visa Requirements in Thailand

The CR-1 and IR-1 visas are immigrant visas issued to the spouses of US citizens and green card holders. Your partner will receive an IR-1 visa, also known as the immediate relative visa, if you have been married at least two years at the time of applying. If you have been married for less than two years, your spouse will normally receive the CR1 visa, conditional resident spouse visa, and a green card valid for two years. If you stay together during the probationary period, your spouse can apply for a full 10-year green card.

The CR1 visa, also known as the conditional resident spouse visa, allows you and your Thai spouse to move to the US to start a new chapter together, but your relationship must meet certain requirements to qualify.

CR1 Visa Requirements

To bring your foreign spouse to the US, you, as the American green card holder or citizen spouse, must sponsor and petition for their visa. Your spouse is considered the beneficiary of the visa.

As the US-based partner, you must meet the following criteria for sponsorship:

• You must be a US citizen or lawful permanent resident (LPR).
• You must be at least 18 years old.
• You must be able to financially support your spouse and any accompanying dependent children.
• You must either maintain primary residence in the US or demonstrate that you plan to return to the US with your spouse to reside there indefinitely.

Your foreign spouse must reside outside of the US when you submit your initial petition to United States Citizenship and Immigration Services (USCIS) and your relationship must be a genuine legal marriage.

The following sections provide detailed information about these requirements, including the specific supporting documents you’ll need.

US Citizen or Permanent Resident Requirement

To bring your Thai spouse to the United States, you must prove to USCIS that you are either a US citizen or lawful permanent resident. USCIS accepts any of the following documents as evidence of your American citizenship or permanent resident status:

• US birth certificate
• US passport
• Statement from a consular officer verifying citizenship
• Form FS-240 issued by the US Department of State
• Certificate of Naturalization or Certificate of Citizenship
• Passport card issued by the Department of State
• Green card (permanent resident card)

Financial Requirements for CR1 Visa Sponsorship

You must fill out a Form I-864, Affidavit of Support, to sponsor your spouse for a CR-1 immigrant visa. To file an Affidavit of Support, you must be at least 18 years old, have a US domicile, and meet the minimum income requirements. The income requirements are determined by the Federal Poverty Guidelines (FPG). The Form I-864 requires that your income meet or exceed 125% of the FPG for your household. Filing this form, along with evidence like bank statements or tax returns, confirms that you can financially support your spouse after they enter the United States.

In 2024, for a household of two (you and your spouse), this requires an annual income of at least 25,550 USD. It's important to note that the FPG is adjusted annually, so be sure to consult the latest guidelines published by the US Department of Health and Human Services for the most up-to-date information.

To file a Form I-864, you must provide a copy of your personal federal income tax return, including any W-2s for the last tax year. If you do not have a tax return, you must provide a statement and/or evidence describing why you were not required to file. You should also provide copies of your Form 1099s, schedules, and any other evidence of reported income.

If you think it may help your application for a permanent resident card, you may submit tax information from the last three years, pay stubs from the last six months, and/or a letter from your employer.

US Domicile Requirement

Your domicile is your permanent legal residence. It's where you intend to live indefinitely. To sponsor an immigrant for a visa, you, as the sponsor, must have an established domicile in the United States. This typically means currently living in the country. However, there are specific circumstances under which you might still be considered domiciled in the US while living abroad. For example, if you can prove that your current international residence is temporary and that your permanent home, or domicile, is still in the US.

Marriage and Spouse Requirements for the CR1 Visa

A spouse is a legally recognized husband or wife. Simply living together does not constitute a marriage for immigration purposes. While common-law marriage is recognized in some circumstances, its validity for immigration purposes depends on the specific laws of the country where the marriage occurred. Polygamous marriages are not recognized under US immigration law; only the first spouse is considered a legal spouse.

You must be able to produce a valid marriage certificate or alternative evidence to demonstrate that you are in a marriage legally recognized by the jurisdiction in which it occurred. If either you or your spouse was previously married, you must provide evidence that the marriage(s) ended. This could include divorce decrees, annulment papers, or death certificates.

Lastly, you must prove that you are in a genuine marriage with supporting documentation. This might include:

• Deeds, titles, or other documents proving shared ownership of property
• A lease agreement or utility bills indicating that you both live at the same address
• Joint bank accounts, credit cards, or tax returns as evidence of shared finances
• Birth certificates of children born to both you and your spouse
• Statements or affidavits from individuals with personal knowledge of the marriage

Grounds of Inadmissibility under US Immigration Law

If your Thai spouse meets any of the following conditions, they could be deemed inadmissible under US law:

• Criminal Grounds such as crimes involving "moral turpitude," controlled substances, aggravated felonies, and multiple criminal convictions
• National Security concerns like terrorism, espionage, subversion of government, affiliation with prohibited organizations, human rights violations, and certain criminal activities with national security implications
• Immigration Violations like overstaying visas, unlawful presence, unauthorized employment, and being subject to removal orders
• Fraud or Misrepresentation either by providing false information or concealing facts during the application process
• Health Reasons such as carrying communicable diseases, vaccination non-compliance, and a history of substance abuse or mental illness linked to violent behavior
• Public Charge means that immigration authorities think there is a high likelihood that your spouse could become dependent on government assistance
• Foreign Residence Requirements of certain J visas mean that holders must return to their home countries for at least two years

If you believe your spouse could be found inadmissible, it's best to consult an immigration attorney who can assist you in applying for a waiver of inadmissibility.

CR1 Visa Application Process Requirements

If your relationship meets the CR1 visa requirements, you're ready to start the application process.

Filing a Form I-130, Petition for Alien Relative

The Form I-130, Petition for Alien Relative, is the first step in bringing your Thai spouse to the United States as a permanent resident. You file this form with USCIS as the petitioner and sponsor for your foreign spouse.

In addition to the form, you'll need to submit a Form I-130A, Supplemental Information for a Spouse Beneficiary and gather supporting documentation that proves your eligibility. Here's a breakdown of the key requirements for the Form I-130:

• Proof of your US Citizenship or LPR status (see above)
• Evidence of a genuine, legal marriage
  • Proof that the marriage is legally recognized - this requirement is usually fulfilled with a marriage certificate
  • Proof that any prior marriages ended (if applicable)
  • Proof that the marriage is genuine (see above)
• Proof of legal name change (if applicable)
• Two passport-style photographs of your spouse
• All criminal, court, and military records (if your spouse has a criminal history or served in any military)
• Certified translations of all non-English language documents

USCIS and National Visa Center Stages

Once you've prepared the required forms and evidence, you can submit the petition to USCIS for review. If USCIS approves the petition, they will send it to the National Visa Center (NVC) for further processing.

The NVC will ask your spouse to complete two online forms: the DS-261, Online Choice of Address and Agent, and the DS-260, Online Immigrant Visa and Alien Registration Application. After completion, the NVC will forward the case to the US Embassy in Bangkok and provide details about a visa interview appointment, including a checklist of required documents.

Consular Processing and Visa Interview

Before the interview, your spouse must prepare the documents to present to the consular officer and attend a medical exam with an authorized physician. At the medical exam, they must receive all vaccinations required for US immigrant visas.

Your spouse must bring their documents to the visa interview. Documents may include:

• An appointment letter
• Printed confirmation page of the Form DS-260
• Valid passport
• Birth certificate
• Evidence that you, the US partner, reside in the US
• Evidence of your relationship, including your marriage certificate
• Any relevant divorce or death certificates
• Evidence of financial support
• Police certificates from Thailand and any other countries of residence since the age of 16
• Sealed medical exam packet
• Certified translations of documents in languages other than English and Thai
• Court and criminal records (if your spouse has a criminal record)
• Military records (if your spouse has served in any military)
• Any other evidence requested

Your spouse must arrive promptly to the interview dressed in appropriate clothing and with their supporting documentation. During the interview, they will be asked about their personal history and your relationship together. They will be under oath and must answer every question honestly.

Post-Approval CR1 Visa Requirements

If your spouse's visa is approved, it is valid for travel to the US for 6 months from the date of their medical exam. Your spouse must enter the US during this period to activate their permanent residency status and receive their green card.

The conditional green card is valid for two years but can be renewed no more than 90 days before its expiry. If USCIS continues to be satisfied that you are in a genuine marriage, your spouse will receive a full green card valid for ten years.

CR1 Visa Costs

Account for the following costs and fees when applying for a CR-1 spousal visa:

• Form I-130 Immigrant Petition Filing Fee: 675 USD (if filed by mail) or 625 USD (if filed online)
• Immigrant Visa Application (DS-260) Fee: 325 USD
• Immigrant Medical Examination: Fee varies by country but can range anywhere from 100 USD to 500 USD per person
• USCIS Immigrant Fee: 235 USD
• Document Costs: This includes the costs to acquire government documents like passports, birth certificates, etc., photocopies, notarizations, and travel expenses.

After two years in the US, your spouse should apply to renew their green card to maintain their LPR status and remove restrictions. In 2024, the filing fee for the Form I-751, Petition to Remove Conditions on Residence, is 750 USD.

How an Immigration Lawyer Can Help with Your CR-1 Spousal Visa Application

A skilled immigration lawyer can guide you through the CR1 visa process so you maximize your chances of a successful application. Your immigration lawyer:

• Gives expert advice on eligibility requirements, documentation, and potential challenges.
• Handles all necessary paperwork, communicates with government agencies, and ensures all deadlines are met.
• Identifies potential issues early on and develops strategies to address them.
• Advocates on your behalf if challenges arise.
• Provides support and reassurance throughout the process.

By entrusting your case to a qualified immigration lawyer, you can significantly increase your chances of a smooth and successful CR-1 visa journey.

CR1 Visa Requirements FAQs

How do I qualify to bring my foreign spouse to the US on a CR1 visa?

To bring your Thai spouse to the US on a CR1 visa, you must meet the following requirements:

• You must be a US citizen or green card holder
• You must be at least 18 years old.
• Your income must meet 125% of the Federal Poverty Guidelines (FPG) for your household size.
• You must live or plan to live in the US for the foreseeable future.
• You must be married to a foreign national who resides outside of the United States.

I'm a US green card holder (legal permanent resident). Can I bring my Thai spouse to the US on a spousal visa?

Yes, you can petition for a CR1 or IR1 visa on behalf of your Thai spouse if you are a US green card holder.

Who is considered a "spouse" under US law?

Under US immigration law, a spouse is defined as a legally married husband or wife. Common law marriages may be sufficient to receive immigration benefits if they are recognized as legal marriages in the jurisdiction in which they occurred.

What documentation does my spouse need for the CR1 visa interview?

The exact documentation required will depend on the specific circumstances of your case. However, in general, CR1 immigrant visa applicants should plan to bring the following documentation to their visa interview:

• Appointment letter
• Confirmation page of the Form DS-260
• Identification documents
• Marriage certificate and, if previously married, evidence that the former marriage ended
• Police certificates
• Sealed medical examination results
• Certified translations of documents in languages other than English and Thai

What documents can serve as evidence of the relationship?

Your marriage certificate is the primary evidence of your relationship but you are also expected to show an established marital relationship. This can be demonstrated with evidence of the following:

• Joint property ownership
• Shared residence
• Shared finances
• Children born to both parents
• Friends and family support for and knowledge of your relationship
• Any other documents evidencing your bona fide relationship

Can the CR1 spousal visa be denied?

Yes, a CR1 spousal visa application can be denied. Several factors can contribute to a visa refusal, including:

• Ineligibility: Not meeting the specific criteria for a CR1 visa, such as insufficient financial support, lack of evidence proving a genuine relationship, or failing health or background checks.
• Documentation issues: Incomplete, inaccurate, or insufficient supporting documents can lead to denial.
• Legal and immigration history: Previous immigration violations, criminal records, or inconsistencies in provided information may result in visa refusal.
• Interview performance: Failure to convince the consular officer of the authenticity of the marriage or of your intent to reside permanently in the United States can lead to denial.

If your CR-1 visa is denied, you should review the USCIS or Embassy letter to understand the specific reasons for the refusal. An immigration attorney can help you review the denial letter, identify potential grounds for appeal, and guide you through the next steps.

Can my stepchildren get CR-2 visas?

Your spouse's adopted or biological children might be eligible for dependent CR-2 visas if they are under the age of 21 and unmarried. You must have established a relationship with the child(ren) before they turned 18 and you must include them in your initial I-130 petition.

My spouse and I are in a same-sex relationship. Are we eligible for US spousal visas?

Yes. As long as your relationship meets all of the criteria for a spousal visa, your Thai spouse can apply for a marriage-based green card.

What is United States Citizenship and Immigration Services?

United States Citizenship and Immigration Services, usually abbreviated to USCIS, is an agency within the US Department of Homeland Security. They process your initial Form I-130F, Petition for an Alien Relative and prepare it for the National Visa Center (NVC). They also issue the green card once your spouse arrives in the US.

Can my foreign spouse work on a CR1 visa?

Yes, after your spouse enters the US they are able to work. Their green card acts as their work authorization document. Until your spouse's physical green card arrives, their passport visa stamp acts as temporary work authorization.

Can my CR-1 spouse travel outside the US?

Yes, your foreign spouse can travel outside the US on their CR1 visa/conditional green card. However, if they plan to leave the country for an extended period, they should apply for an Advance Parole travel document to demonstrate an intent to maintain their LPR status.

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